RWANDA Law and Practice Contributed by: Aimery de Schoutheete, Valence Rukesha, Chloé Stassart and Isaac Rwapasika, Liedekerke
• behaviour that may endanger the health and safety of others at workplace; • gender-based violence at workplace; • illegal strike; and • intentional destruction of work equipment. A company may determine a list of other acts or behaviour considered as gross misconduct. Before its implementation, this list must be approved by the Minister in charge of labour, incorporated in the rules of procedure (if the company is required to adopt rules of procedure, ie, if it employs more than five employ - ees) and notified in writing to the employees. As with dismissal with notice, an employer can conduct an administrative investigation against an employee, which could result in suspension of the contract and potentially lead to dismissal for gross misconduct. In such case, the employer can suspend the employee in writing for 30 days without payment, but the employee’s salary is calculated and retained. If, after the investigation, the employee’s innocence is proven, the employer reinstates the employee and pays them all their retained salary. In case of dismissal for gross misconduct, the employ - ment contract will be immediately terminated, without notice. 7.4 Termination Agreements Any employment contract may be terminated by mutual consent. There are no specific requirements involved. There are no statutory requirements for enforceable releases or other limitations on termina - tion agreement terms as long as they comply with public order. 7.5 Protected Categories of Employee The Rwandan Labour Code does not provide for a specific regime of protection (eg, entitling employees to a certain compensation (lump sum) for a dismissal that would have been based on protected criteria). However, it includes some provisions that aim to pro - tect some categories of employees against dismissal.
For example, it is prohibited to dismiss: • an employee for having reported or testified on sexual harassment committed by their supervisor; • an employee as a result of occupational accident, unless a recognised doctor declares the employee unfit to resume service in the employment they held prior to the accident; • a female employee during her maternity leave; or • an employees’ representative, based on fulfilment of their duties. Dismissals in breach of these protections will be deemed unfair dismissals, entitling the employees to damages amounting to between three and six months of net salary, or up to nine months of net salary if they have more than ten years of experience with the same employer. For employees’ representatives, occupational health and safety committee members and trade union representatives dismissed for fulfilling their duties, they are entitled to damages amounting to up to nine months of net salary, regardless of their years of service. In addition to the protections against dismissal set out previously, the Rwandan Labour Code prohibits dismissals: • when the employment contract is suspended as a result of one of the following: (a) strike or lock-out; (b) disciplinary lay-off for eight working days; (c) an employee is sentenced to an imprisonment not exceeding six months; (d) in case of suspension of the company’s activi - ties as a result of economic or technical dif - ficulties; (e) suspension for administrative purposes; or (f) suspension of the company’s activities due to force majeure; and • when the employee is on leave. 8. Disputes 8.1 Wrongful Dismissal In the event that a dismissal is decided in one of these circumstances, or based on an invalid ground for dis -
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